The 4th Angel Mentoring Program is a complimentary mentoring program provided by The Cleveland Clinic Foundation Tausig Cancer Institute (the “Mentoring Program”). The Mentoring Program is intended to match cancer patients and caregivers with trained volunteer mentors who are or have been in a similar situation and create a supportive platform. The website www.4thangel.ccf.org (the “Website”) is offered to eligible persons to facilitate the matching process, enable online communications between mentees and mentors once a mentee has requested and a mentor has accepted a match, and to provide services related to the Mentoring Program (collectively, the “Services”).
These Terms of Use govern your access to and use of the Services, and any information, text, graphics, or other materials or arrangements of materials, uploaded, downloaded, appearing on, or transferred through the Services (collectively, the “Content”).
BY USING THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, OUR PRIVACY POLICY, OUR COPYRIGHT AND REPRINT POLICY, OUR NOTICE OF PRIVACY PRACTICE, AND ANY ADDITIONAL TERMS THAT YOU AGREE TO (AS DISCUSSED IN THE ENTIRE AGREEMENT SECTION BELOW) (REFERRED TO COLLECTIVELY AS THE “AGREEMENTS”). YOU AGREE THAT YOU WILL NOT VIOLATE ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAWS IN USING THE SERVICES. THE AGREEMENTS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE WITH (OR CANNOT COMPLY WITH) THE AGREEEMENTS, THEN YOU MAY NOT USE THE SERVICES.
ELIGIBILITY.
The Services are intended for the use by any persons 18 years of age or older that are (i) going through cancer treatment, (ii) caregivers for a person going through cancer treatment, (iii) long-term cancer survivors, or (iv) volunteer mentors who were previously (or are currently) in the situations identified in (i), (ii), or (iii). Failure to meet one of these eligibility requirements will result in your expulsion from the use of the Services. We do not intend to collect or maintain any personally identifiable information from any user under the age of 18.
PRIVACY.
Our Privacy Policy describes how we handle the information that you provide to us when you use our Services. You understand that through the use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.
ACCESS.
We reserve the right in our sole discretion to prohibit, restrict, or discontinue your access to the Services if you violate or if we believe that you have violated any term of the Agreements. We may modify the Agreements at any time without notice. The modified terms will be effective upon posting on our Website. To remain in compliance, we suggests that you review the Agreements at regular intervals. We also reserves the right to temporarily or permanently discontinue the Services, in whole or in part, at any time and without notice.
CONTENT OF THE SERVICES.
You are responsible for any Content you provide to or through the use of the Services. You should only provide Content that you are comfortable sharing with others. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. All content is the sole responsibility of the person who originated such content. We may not monitor or control the Content posted by users via the Services and, we cannot take responsibility for such Content.
USER CONDUCT.
Any Content you choose to share, about yourself or otherwise, through the Services is done at your own discretion and risk. You agree that all Content you provide to or through the use of the Services will be true, accurate, current and complete and you agree to update your Content as necessary to maintain its truth and accuracy. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (federal, state, and local) applicable to your use of the Services and your Content, including but not limited to, copyright laws.
By using the Services, you agree to respect other users by not sharing their personal information (including any medical information) outside the Services. You also agree to protect the privacy of other users of the Services by not identifying other users or discussing their personal information (including medical information) outside the Services.
You will not upload, post, email, share, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, illegal, copyrighted, hateful, or racially, ethnically or otherwise objectionable.
You are responsible for any activity that occurs through your use of the Services and you agree not to sell, transfer, license or assign your account, connections, username, password, or any account rights. You agree that you will not create an account for anyone other than yourself or create accounts through the Services by unauthorized means, including but not limited to using an automated device, script, bot, spider, crawler or scraper. Any such account will be deleted by us.
You must not attempt to restrict another participant from using the Services, and you must not encourage or facilitate violations of the Agreements by any other person.
You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with us or our affiliates.
You must not interfere or disrupt the servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You must not use the Services to advertise, solicit, spam, or otherwise in connection with any personal business of any user. You will not use the Services for your own commercial gain. You agree that you will not solicit, collect, or use the login information or Content of other users of the Services.
You acknowledge that we shall have the right (but not the obligation) in our sole discretion to refuse, move, edit, or delete any user Content, regardless of whether such communication(s) violate the Agreements.
YOUR ACCOUNT.
You need to create an account to use the Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
ENDING THESE TERMS OF USE.
You may end your legal agreement with us at any time by deactivating your account and discontinuing your use of the Services. If you deactivate your account, your profile, including any messages you may have received on the Services, may be removed from the Services and deleted from our servers. Because of the way we maintain the Services, such deletion may not be immediate, and residual copies of your information or messages may remain on backup media.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we believe: (i) you have violated any term of the Agreements; (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer viable.
If you are found to have or we determine in our sole discretion you may have violated one or more of terms of the Agreements you will be removed from the use of all Services. You will be banned from use of your account and your account will be deleted.
If we have terminated your account and use of the Services, you should not attempt to re-apply for the Services or attempt to re-create another account. Accounts found to be created by banned participants will be deleted, and the participant will not be allowed to use any of the other services provided.
DISCLAIMER OF WARRANTIES.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS,” “AS AVAILABILE” and “WITH ALL FAULTS” basis. To the fullest extent permissible by law, neither we nor our affiliates, and our respective officers, directors, employees, agents, representatives, and consultants, make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error free basis. We hereby further disclaims all warranties, express or implied, including but not limited to, the warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
We do not warrant that your use of the Services is lawful in any particular jurisdiction, and specifically disclaims such warranties.
By accessing or using the Services you represent and warrant that your activities are lawful in every jurisdiction where you access and make use of the Service. We do not endorse any user Content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability or other cause of any kind or character based upon or resulting from any Content.
LIMITATION OF LIABILITY; WAIVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPOYEES, AGENTS, REPRESENTATIVES, AND CONSULTANTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMIATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE, DISCLOSURE OR ALTERATION OF YOUR CONTENT; (v) ANY LEGAL ACTION TAKEN IN CONNECTION TO YOUR OR ANOTHER PARTY’S USE OF THE SERVICES OR ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (vi) ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION.
By accessing the Services you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive the protections of the statute of any state or jurisdiction in which you may use the Services, relating to the waiver of unknown claims.
We are not responsible for the actions, content, information, or data of third-parties and you release us and our affiliates, and our respective officers, directors, employees, agents, consultants, and successors from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.
INDEMNIFICATION.
You agree to defend (at our request), indemnify and hold us and our affiliates, and our respective officers, directors, employees, agents, consultants, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content; (ii) your access to or use of the Services; (iii) your breach or alleged breach of any term of the Agreements; (iv) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (vi) any misrepresentation made by you. You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of us.
ARBITRATION.
You and us agree that any dispute, claim, or controversy between you and us arising in any way in connection with or relating in any way to the Agreements or to your relationship with us as a user of the Services (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be resolved by mandatory binding individual (not class) arbitration administered by the American Arbitration Association and you waive your right to participate in a class action lawsuit or class-wide arbitration.
Notwithstanding the above, you and us both agree that nothing in the Agreements will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, the Agreements do not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and us agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
GOVERNING LAW / JURISDICTION
We operate and provide the Services from our offices in the State of Ohio, United States. The Agreements shall be governed by the laws of the State of Ohio without regard to choice or conflicts of law principles. Further, you and us agree to the jurisdiction of the Northern District of Ohio to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (an any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under the Arbitration Section above.
PARTIES WITH WHOM YOU MAY CHOOSE TO SHARE YOUR CONTENT.
Content that you share through the Services is shared through your sole discretion. It is your responsibility to police the Content that you share with others through the Services. You are also responsible for Content that you take from the Services. We are not liable for any Content that you choose to reveal publicly or through the Services. Content sharing that is found to be inappropriate, and out of the Agreements, will result in the expulsion of the user responsible for the dissemination of the Content in question.
SEVERABILITY AND WAIVER
Unless otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by us or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.
Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and us, the Agreements constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Assignment
You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
How to Contact Us
For questions concerning the Mentoring Program, the Agreements, or any other information pertaining to the Services please contact [email protected].
Last Updated: July, 31st, 2018